The Preclusive Effect of Demand Futility

Harvard Law School Forum on Corporate Governance and Financial Regulation

Sarah T. Runnells Martin Bonnie W. David Juliana R. van Hoeven

In its recent decision in California State Teachers’ Retirement System v. Alvarez (Walmart), the Delaware Supreme Court addressed the preclusive effect of demand futility decisions rendered by a court on derivative litigation pending in another forum.

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